Environmentalists hail utilities' concessions

A request by two electric companies to scale back test borings for a power line crossing through the Delaware Water Gap National Recreation Area has won conditional support from environmental groups suing to stop the project. By reducing the number of tests, the companies could begin testing immediately.

A request by two electric companies to scale back test borings for a power line crossing through the Delaware Water Gap National Recreation Area has won conditional support from environmental groups suing to stop the project. By reducing the number of tests, the companies could begin testing immediately.

The utilities, which seek the crossing as part of a two-state, 147-mile transmission line upgrade, recently agreed to do the testing without building any access roads. Work this spring to drill 20 test holes for the planned 195-foot towers has been reduced to six.

An environmental coalition opposes the National Park Service's decision to allow PPL Electric Utilities of Pennsylvania and PSE&G of New Jersey to cross federal lands near Bushkill. The environmentalists sought a preliminary injunction preventing any test drilling or access road construction before the case is decided in federal court.

Which route?

Attorney Hannah Chang of Earthjustice agreed to set aside the testing preliminary injunction request, subject to clarification of what work will be done at the lone Pennsylvania site, near Community Drive in Middle Smithfield Township.

She asked the park service to explain which "existing access routes" the utilities would use to get to its pre-existing right of way. A temporary wooden bridge will be built to cross a stream.

"We understand that the route between the stream and the ROW does not contain any actual trail and want to confirm whether this access route is in fact 'existing' — has any vehicle ever driven on this route between the stream and the ROW?" Chang wrote in an email last week.

She asked the park service for the number of planned vehicle trips, whether a bulldozer will be used to access the test site and whether the work will take place even if the ground isn't frozen.

Amphibians on the move

"When will the affected route through the wetlands be fully restored to its preconstruction condition?" Chang asked. "Will full restoration occur before the amphibian breeding season?" The work will take place during a three-week period between late February and late March, the utilities said. Breeding by amphibians in the two-state, 70,000-acre park — including massive movements to streams and ponds — generally takes place following the first warm-weather rain of the spring.

Chang said she is still conferring with her clients and the park service, while evaluating potential impacts. She noted the environmental coalition hasn't filed any motion opposing the utilities' new plans.

Wetland avoided

PPL spokesman Paul Wirth hailed the decision allowing preliminary testing to go forward. He said no new roads or trails will be created during the test phase. Drilling equipment will be mounted on track-driven, all-terrain vehicles.

"This is a very positive development that eliminates a legal obstacle and keeps the project on schedule so that we can provide needed electricity for customers throughout the region," Wirth said.

Government attorneys previously argued that any impacts from preconstruction activities under the original plan wouldn't cause irreparable harm to the park, as the environmentalists contend.

They noted in a court filing on Feb. 11 that the scaled-back work avoids crossing a rare calcium and limestone-fed wetland near Community Drive known as the Arnott Fen. A fen is a low-lying flat land that is marshy.

"Federal defendants will continue to work with plaintiffs (the environmental groups), and the utility companies to attempt to resolve any remaining concerns about this particular location," the three government attorneys wrote.

Rulings on the effort to overturn the National Environmental Policy Act power line approval are expected later this year. If the utilities prevail, construction on federal lands could begin this fall.